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Estate Planning Questions & Answers
2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My grandparents died and the house is still under their name, I need to put the house in my mother's name.

I also have to change the electric and water to her name and was told I needed an Affidavit.

Michael David Siegel
Michael David Siegel
answered on Feb 7, 2023

A little more complicated. Assuming the house was held by your grandparents as husband and wife, you need to make an estate for the second to die, and then have your mother be conveyed the house as next of kin. If she has siblings, they need to sign off.

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1 Answer | Asked in Estate Planning for Indiana on
Q: How will my living trust shares be distributed among the "Living Descendants of my Daughter" upon my daughter's death?

My living trust has a section covering the distribution of my daughter's trust share upon her death. It says that her share will be distributed in equal shares to each of the "Living Descendants of My Daughter". My daughter has 4 children (my grandchildren). The trust document has a... Read more »

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

(1) 1/4 to each grandchild

(2) 1/8 to each grandchild and great-grandchild

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mother recently passed away. I took care of her. I received a letter from an attorney that my mom's uncle died.

She is listed as 1 of the 5 to receive money. Its her 2 brothers and 2 of her sisters kids because their mom died. Would i get what my mother was being left? I am the only child she had. The woman said she would check because of a form that has to be filled out. My mom's sister is deceased and... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 6, 2023

Whether your mother is a distributee of the uncle's will depends upon how the uncle's will reads. It's common for Wills to include alternate provisions for named heirs who predecease the testator, and your great-uncle's will may well redirect the bequest to your mother when she... Read more »

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1 Answer | Asked in Estate Planning and International Law for New Jersey on
Q: I have a friend in Guyana, who wants me to open account here in the USA for inheritance money. I have a bad feeling.
Morris Leo Greb
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Morris Leo Greb
answered on Feb 6, 2023

Your posting fails to pose a question of law. In the interim, I suggest you speak to a CPA.

1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: If my Great uncle passed in 2005 and states that he left no heirs could I step up and claim

A partition has been done[2023]. I'm 40 years old born in 82 and uncle died in 2005.

Anthony M. Avery
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Anthony M. Avery
answered on Feb 6, 2023

If you believe you are an Heir, then move to intervene in the Partition Suit immediately. Apparently the Plaintiff does not think you are one of the Heirs so he did not sue you. Be prepared to prove you are actually an Heir under the Intestacy Statute.

2 Answers | Asked in Probate and Estate Planning for Texas on
Q: Texas situation mother deceased October 2022, she has Trust handled by attorney in SA. Cannot find her Will. What to do?
John Michael Frick
John Michael Frick
answered on Feb 5, 2023

If you cannot locate your mother’s will, you can probate her estate intestate (as if she doesn’t have a will).

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2 Answers | Asked in Probate and Estate Planning for Texas on
Q: Texas situation mother deceased October 2022, she has Trust handled by attorney in SA. Cannot find her Will. What to do?
Alisha Melvin
Alisha Melvin
answered on Feb 5, 2023

Sorry to hear about your mothers passing. If she had a trust created then she can typically bypass the probate process. Verify that the trust has been funded properly and properly executed. Oftentimes, trusts will be drafted together with a pourover will. So you can probate that pourover will... Read more »

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1 Answer | Asked in Estate Planning for Maryland on
Q: I am a beneficiary of a trust. Am I entitled to know the sources of my inheritance and what other beneficiaries receive

I am a beneficiary of my mom's trust along with my siblings. My mom's estate is in Maryland. Am I entitled to know the value of each account, investment, stock, property (each asset that will be liquidated), and either the dollar amount or percent given to each beneficiary?

Mark Oakley
Mark Oakley
answered on Feb 5, 2023

You are entitled to a copy of the trust and an annual accounting of the transactions and investment experience of the assets of the trust.

2 Answers | Asked in Estate Planning for New Jersey on
Q: Does a Last Will and Testament with a trust signed before marriage valid after my marriage in NJ?

What would happen to a house in only my name or my life insurance in this case if something should happen to me? How can I revoke this Will simply now that I am married and many things have since changed with my estate executor listed in the Will?

What if I pass before I have a chance to... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 4, 2023

More information would be needed to properly answer your questions, but generally a new will which you should have since you did get married would invalidate your old will and be the controlling document. I suggest you setup a consultation with a lawyer to discuss this as the lawyer will need to... Read more »

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1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My husband just died and left his entire $1,000,000 life insurance policy to his sister. We have minor children.

He told me I was beneficiary. Life insurance policy was paid for 12 years from our joint account. Married over 17 years. 2 minor children. Do I have cause to contest this?

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your husband and the concealment of the terms of the policy. This is posted under Bad Faith, but attorneys who practice in the Probate and Estate Planning categories might be a better... Read more »

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: If you are left a specified amount in a will , can the lawyer tell you your going to receive less than was specified .

The specified amount was the same for my 2 siblings and 2 charities . I live in nj but the will is coming from pa

Michael Cherewka
Michael Cherewka
answered on Feb 3, 2023

There is not enough information in your question to give you a definite answer, but if the total estate is not large enough to pay 100% of the specific bequests to you and your siblings and the charities, then yes you can receive less than 100% of the specific bequest. However, typically all of... Read more »

2 Answers | Asked in Estate Planning for Tennessee on
Q: If there were two irrevocable wills issued does the first irrevocable will and beneficiary prevail? Tennessee.
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 3, 2023

It is very rare (but not impossible) for a will to be irrevocable. For that reason alone you should have both wills reviewed by a probate attorney for definitive advice.

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2 Answers | Asked in Estate Planning and Health Care Law for California on
Q: Can someone be the healthcare advance directive and handle the estate of a patient?

Can someone be the advanced healthcare directive and also be the appointed person to handle the patients estate/will?

The patience is being given seizure medicine daily. He cannot recall things that happened the same day and get names.locations and dates confused.

Is this legally allowed?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 2, 2023

A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: What happens when you have lived with your mother in her home for over 16 years during you have helped pay for

The home remodeling.just in the last few years my mother had moved out the home to stay with my only brother ln his house then she passes and no will witch it was decided verbally that he would get money that she left and I get the home then he passed away and now my nephew is filling for executive... Read more »

Theressa Hollis
Theressa Hollis
answered on Feb 1, 2023

I am sorry for your loss. In Oregon when someone dies without a Will their intestate heirs have priority to be appointed as their Personal Representative (Executor). Your nephew would likely not have priority so if you wish to be in charge of your mother's probate I recommend you hire an... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Another question regarding about my brother passing with a will. So his daughter is entitled to everything not us?

He's daughter 16. So we couldn't get nor even his clothes?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 1, 2023

Since your brother did not leave a will, his daughter is his only heir. The clothes are of little monetary value, but it is up to the administrator of his estate to decide how to pay any remaining debts of the estate. You should have a quick consultation with a probate lawyer to determine what to... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can an executor of a will change it after the person dies in Texas...

My mothers will made my step father the executor and then it was to be split equally between me and my step sister. After she died he changed the will without my knowledge and totally left me out giving it all to my step sister...not honoring her wishes

Isaac Shutt
Isaac Shutt
answered on Jan 31, 2023

Absolutely NOT. Only your mother had the power to change her will. There's no such thing as a will being changed by someone else. You should definitely get a probate attorney to represent you, because your stepfather is up to some shenanigans if he thinks he can change a will after your... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom has separate and community property, where would her medical debt be paid out from.

She was married for 4 years but at here job for 17 years 13 years is separate property and the other 4 was community but during the last year she accumulated medical bills so I’m trying to see if her husband would have to pay from his community property or it would come out both community and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 31, 2023

Up to $15,000 of funeral expenses and up to an additional $15,000 of medical expenses associated with your mom’s final illness must be paid out of your mom’s estate as a priority claim before any other debts or expenses are paid.

If you paid funeral expenses out of pocket, you need to...
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1 Answer | Asked in Estate Planning for Alabama on
Q: My dad died in October. He had his property and assets in a trust for me and my 2 sisters. How do we resolve a disagree

Disagreement on the division of the property?

Jack T. Carney
Jack T. Carney
answered on Jan 31, 2023

The terms of the trust itself will address the division of the property and the Trustee is the individual or entity in charge of carrying out those wishes. Those facts will address how the situation may be resolved.

However, you may want to consider some form of alternative dispute...
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2 Answers | Asked in Estate Planning for Virginia on
Q: My ex-husband left the majority of his money to our son in a trust. He also left $80,000 to two charities but did not

have the funds to cover same. Must the money for these charitable bequests be taken from my son's trust?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 31, 2023

Your question does not provide enough information for anyone to provide an answer. For example, we do not know if your husband is still alive or deceased. Either way, however, we also cannot see the precise language by which those bequests were made. The precise wording matters. For example, if... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: If you're not married, would it be best to name a parent or minor child as a beneficiary to a retirement plan?

I need to put a beneficiary for my 457 and pension plan. My son is only 7. My dad is in his 60's and got remarried a few years ago. I want to know if I should use my son as the beneficiary or my father. I would want my son to have everything of mine, but since he's a minor I want to make... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 31, 2023

I would encourage you to speak with a Florida Estate Planning Attorney and consider possibly creating a Revocable Trust, the options you have mentioned are problematic because of your dad's second marriage and because your son is so young. If anything happened to you it is likely that your... Read more »

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